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Madras High CourtWP Crl.(MD)/3475/2026disposed of

Glory Bai v. The Commisstioner,

2026-06-25Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Glory Bai ... Petitioner Vs

1. The Commissioner, Nagercoil Municipal Corporation, Nagercoil, Kanyakumari District.

2. The Superintendent of Police, Kanyakumari District.

Nagercoil.

3. The Inspector of Police, Eraniel Police Station, Kanyakumari District.

... Respondents PRAYER :- To issue a Writ of Mandamus directing the respondents 2 and 3 to provide adequate police protection to the petitioner for removal of the illegally laid concrete road put up in the petitioner's property comprised in New survey No.384/1A, Aloor B Village, Kanyakumari District, pursuant to the petitioner's representation dated 18.06.2026, within a stipulated time as may be fixed by this Court. 1/6

For Petitioner : M/s.Stefena for Mr. T.Wins, Advocate.

For Respondent : Mr.Aathimoola Pandian for R1 Standing Counsel Mr.D.Rajaboopathy for R2 and R3 Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 2 and 3 to provide adequate police protection to the petitioner for removal of the illegally laid concrete road put up in the petitioner's property comprised in New survey No.384/1A, Aloor B Village, Kanyakumari District, pursuant to the petitioner's representation dated 18.06.2026, within a stipulated time as may be fixed by this Court.

2. The learned counsel for the petitioner categorically contended that the property comprised in Survey No.384 /1, Aloor B Village, Kanyakumari District, is absolute which is in possession and enjoyment of the petitioner who had created a private access for him and his coowners to whom he had sold a part of his property. It is exclusively a 2/6

private pathway. However, the revenue authorities, without proper permission, had encroached upon the petitioner's private property and had laid up concrete roads, disturbing the petitioner's peaceful enjoyment and also the drainage system in his property. Therefore, he sought for the indulgence of this Court by directing the respondent police to provide adequate police protection to remove the illegally laid concrete road from his property. In this regard, the petitioner had given a representation on 18-6-2026. The same was not considered and hence this Writ Petition is field.

3. The learned Government Advocate on instruction submitted that the pathway in survey No.384/1A, Aloor B Village, Kanyakumari District, is obviously the private pathway of the petitioner and it is true that the revenue authorities had laid a concrete road without proper permission.

4. Heard either sides and carefully perused the materials available on record.

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5. The learned counsel for the petitioner had drawn my attention to the fact that the said private pathway belonging to the petitioner, has been utilised by the Revenue authorities only to give access to the adjacent Adi Dravidar Colony people.

6. In view of the above submission made by either sides, the first respondent is directed to forthwith remove the concrete structure which has been put up by the Nagercoil Corporation illegally, in the petitioner's land on or before 01.07.2026.

7. With the above direction, this Writ Petition is disposed of.

8. Post the matter on 03.07.2026, for reporting compliance. 25.06.2026 NCC : yes / no Index : yes / no Note : Issue order copy on 25.06.2026 pnn 4/6

To

1. The Commissioner, Nagercoil Municipal Corporation, Nagercoil, Kanyakumari District.

2. The Superintendent of Police, Kanyakumari District.

Nagercoil.

3. The Inspector of Police, Eraniel Police Station, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L. VICTORIA GOWRI, J pnn

ORDER

IN WP CRL.(MD) No.3475 of 2026 Date : 25/06/2026 6/6